M. MUSHTAQ Versus A. RASHID

ORDER

This is a petition for cancellation of bail granted to Muhammad Aslam, accused/respondent No.1, by Magistrate 1st Class/Magistrate Section 30, Lahore Cantt.

2. According to the F.I.R. lodged by Muhammad Abdul Rashid, brother of injured witness Muhammad Hafeez, the accused/respondent caused an injury with knife on the abdomen of Muhammad Hafeez. The respondent was arrested on 15-6-1993 and the Ilaqa Magistrate allowed post-arrest bail to him on 24-6-1993. Feeling aggrieved thereby the complainant has filed the instant petition under subsection (5) of section 497, Cr.P.C., for cancelling bail of the accused/respondent.

3. I have heard learned counsel for the petitioner as well as for the respondent and also learned State counsel who has produced the record before me.

4. The medico-legal report produced by learned counsel for the petitioner shows that the solitary injury attributed to the accused/respondent is A skin deep, therefore, the offence is covered by section 337-F(ii), P.P.C. punishable with 3 years' R.I. Obviously, therefore, the offence committed by the respondent was not punishable with 10 years' R.I., or above, hence the discretion exercised by the lower Court in favour of the accused/respondent cannot be dubbed as arbitrary and defective. No interference is called for. This petition thus has no merit and is hereby dismissed.

N.H.Q./M-1381/L Petition dismissed.